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HomeMy WebLinkAboutMinutes - City Council - 09/03/1985CITY COUNCIL SEPTEMBER 3, 1985 The South Burlington City Council held a Special Meeting on Tuesday, September 3, 1985 at 7:15 P.M., in the Conference Room, City Hall, 575 Dorset Street, South Burlington. Members Present Paul Farrar, Chairman; Michael Flaherty, Leona Lansing, George Mona, Francis Murray. Others Present William J. Szymanski, City Manager Chairman Farrar opened the meeting at 7:15 P.M. and asked if the item, "Review of the Zoning Board of Adjustment Meeting scheduled for September 9, 1985" be added to the Agenda. There was no objection. Sign Agreement of Understanding with the State Highway Department on the Dorset Street Project Sign revised application for the Federal-aid Urban Highway Project on Dorset Street (TH5). George Mona made the motion to authorize Chairman Farrar to sign this agreement. Councilman Murray seconded the motion. There was no discussion and all members voted in the affirmative. Sign Agreements for Finance and Maintenance with the State Highway Department for the Shunpike Road Bridge and Road Construction Project. Sign Agreement for Finance and Maintenance for Williston-South Burlington BRM 5500 (2) S, located in Towns of Williston & South Burlington on Shunpike Road (CL-3 - Bridge #16, Beginning approximately 0.078 mile easterly of Williston/South Burlington town line and extending westerly 0.161 mile. The project will consist of construction of a new plate pipe culvert along with related channel work and roadway approaches. Councilman Mona made the motion that the Council sign this agreement. Mike Flaherty seconded the motion, there was no discussion and all voted in the affirmative. Sign Special Agreement Relative to Finance and Maintenance for South Burlington M 5200 (10) S, located on Shunpike Road, beginning 0.083 mile westerly of the South Burlington/Williston town line and extending westerly approximately 0.136 mile. The project consists of the reconstruction of a highway, including grading drainage, curbing and pavement. Councilman Mona made the motion that the Council sign this agreement. Mike Flaherty seconded the motion, there was no discussion and all voted in the affirmative. Copies of these agreements are attached to these minutes. Review the Zoning Board of Adjustment Agenda for their meeting of September 9, 1985. Item #6 - Appeal of John Pike and Fred Cianci for permission to occupy an existing single family dwelling as a Real Estate office, located at 1460 williston Road was discussed. The Council expressed their concern over the conversion of residential units into commercial use in areas zoned residential. The property is also on a heavily traveled street and commercial use would add to the traffic volume and the ingress and egress to the property is difficult. Councilman Flaherty made the motion that the City Manager convey to the Zoning Board of Adjustment these concerns. Councilwoman Leona Lansing seconded the motion. There was no further discussion. All present voted in the affirmative. Councilman Murray made the motion to adjourn the meeting, Councilman Flaherty seconded the motion, all voted in the affirmative. The meeting adjourned at 7:25 P.M. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. KE M-EGC 5200(8) I)ate~potp,,,h~~ 7 1~5 i' APPLICATIOlO FOR FEDERAL AID PROJECT OJIWN SYSTEH) AGREEHEHT BBLATIVE TO ENGIREEBING COSTS Application is hereby made to the Agency of Transportation, of the State of Vermont by the City Council, of the City of South Burlinnton for a federal aid project on Dorset Street from Williston Road to Kennedy Drive This project includes roadway widening to 63' curb-to-curb which consists of 11' travel lanes with partially controlled access resulting from a 15' median or a 4' island with 11' left turn lane, sidewalks, bike paths, traffic signals, lighting, the relocation of aerial utility facilities to underground positions and right turn lanes at Kennedy Drive and from Williston Road to the University Mall (North ~ntrance). In connection with this proposed project, the City Council of the City of South Burlin~ton agrees that they will enter into the following agreement for such project within one (1) year after the date project plans are submitted to the City of South Burling'ton: Right-of-way Agreement Maintenance Agreement It is further agreed that they will furnish the right-of-way for the construction of the project within a reasonable time after the date project plans are submitted to the City of South Burlington. It is understood that all acquisition of rights-of-way will be in compliance with the "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970". It is understood that the municipality will provide 2% of the cost of this project. If, due to the failure of the MUNICIPALITY to meet its obligations the project is not constructed, all costs incurred by the STATE shall be reimbursed in full to the STATE by the MUNICIPALITY. If, due to the failure of the State to meet its obligations the project is not constructed, all costs incurred by the STATE shall be borne in full by the STATE. BY: Chairman Trustees, Selectmen, City Council WITNESSES: BY: Chief Engineer WITNESSES: APPROVED: BY: Secretary of Transportation STATE OF VERMONT AGENCY OF TRANSPORTATION 133 State Street, Administration ~uildin~ Montpelier, Vermont 05602 August 20, 1985 Mr. William 3. Szymanski, City Manager City of South Burlington 575 Dorset Street South Burlington, Vermont 05401 Dear Mr. Szymanski: Enclosed, for the approval by the City Council, is a revised application for the Federal-aid Urban Highway Project on Dorset Street (TH 5) in the City of South Burlington. If you or the Council have any questions about the enclosed, please contact Mr. Arthur Goss at 828-2663. Sincerely, J.E.R. Landry Project Planning Engineer enc: (TH 33191 AGREEMENT FOR FINANCE AND MAINTENANCE FOR - -.~ WILLISTON-SO. BURLINGTON BRM 5500 (2) S THIS AGREEMENT, made this 3rd day of September 19RS. bv and between the state of Vermont, acting through its ----. - -. - . - - . - -. . -- - - Agency oi Transportation, hereinafter called the STATE. and the City of So. Burlington in the County of Chittenden, State of Vermont, acting throuqh its councilmen, hereinafter called the - CITY. WI TNESSETH: WHEREAS, the STATE proposes to submit to the Federal Highway Administration, United States Department of Transportation, for approval, a Federal-aid project known as Williston-SO. Burlington BREI 5500 (2) S, which will provide a certain improvement to a highway of said CITY as shown on the plans for this project as provided to said CITY and described as follows: Located in the Towns of Williston & So. Burlington, on Shunpike Road (CL 3) - Bridge No. 16. Beginning approximately 0.078 mile easterly of the Williston/So. Burlington town line and extending westerly 0.161 mile. The project will consist of the construction of a new plate pipe culvert along with related channel work and roadway approaches. WHEREAS, the CITY desires the improvement of this highway as described above and further desires that the STATE shall act, insofar as necessary for the CITY, in the preparation of plans and the construction of this project; NOW, THEREFORE, in consideration of these mutual covenants and premises herein set forth, it is agreed by the parties hereto as follows: THE CITY AGRZES: 1. To grant the STATE and/or the STATE'S authorized representative temporary right of entry into the right- of-way of said Town Highway for the period of construction. 2. That the STATE may use the Town highways for trucking and hauling as required during the construction of this project. 3. That the project construction site may be signed by the STATE as necessary to provide information and warning to the public. 4. To render such assistance during construction as the STATE may request in the maintenance of traffic. If the project route is closed to through traffic, the CIW shall be responsbile for selecting, signing, and maintaining a detour route at no cost to the STATE. 5. That if the construction of this project is suspended for the winter season, it shall maintain the roadways located within the CITY in accordance with the provisions of the latest edition of the "STANDARD SPECIFICATIONS FOR HIGHWAY AND BRIDGE CONSTRUCTION" until construction operations are resumed in the spring. 6. That said improvement shall be constructed as the STATE, in cooperation with the said Federal Highway Administration, shall determine and shall be in accordance with the Federal Highway Administration, United States Department of Transportation rules and regulations that the said Federal Highway Administration may promulgate and in accordance with the State of Vermont, Agency of Transportation's latest edition of "STANDARD SPECIFICATIONS FOR HIGHWAY AND BRIDGE CONSTRUCTION1' dated March 1976, and the Special Provisions included in the Proposal Form and Contract Agreement of the project. 7. That as part of the total cost of construction of this project which is located within the CITY and is to be paid by the STATE, the CITY agrees to reimburse the STATE for twenty percent (20%) of the non-Federal participating portion, inclusive of Construction Engineering costs, of that portion of the project which lies within the limits of Town Highway Bridge Fund participation as indicated on the plans. Approximate anticipated funding for construction costs is as follows: Federal - 80%, STATE - 16%. CITY - 4%. Underruns and/or overruns in item quantities during construction and possible construction change orders may increase or decrease quantities affecting the accepted bid. The CITY will make payments of its proportionate share to the STATE, upon receipt of bills submitted by the STATE following the completion and acceptance of the project; and, further, that as part of the total cost of right-of-way for this project which is located within the CITY and is to be paid by the STATE, the CITY agrees to reimburse the STATE for twenty percent (20%) of said costs. .- Agreement for w 8. To pay for all costs incurred in construction outside the limits of construction as shown on the plans for that portion of the project which lies within the CITY. 9. That the Councilmen of the City of So. Burlington, for themselves and their successors in office, agree if such project is approved and constructed by the STATE, repre- sented by the Agency of Transportation, to maintain that portion of the project which is located within the CITY r satisfactory to the Agency of Transportation or its authorized representatives and to make ample each year for such maintenance. In this n, attention is directed to Title 19, Sections 31 and 933, V.S.A., listing the duties and respon- ties of Councilmen. 1. pr~Wid@ to the CITY the necessary engineering arsis~~tO~dssi~ and construct said project, and to _k60p.,,~u Mawting records and make all payments to contraator8 Mrdby the STATBfor this project. 2- That on the basis of the application of the CITY to the STATE for' Town Highway Bridge Bunds for this project (BRM 5500 (2) s), under the provisions of Section 17, Title 19, V.S.A., it shall credit to this project a sum not to exceed sixteen percent (16%) of the final construction costs and twenty percent (20%) of the preliminary engineering costs which are attributable to the am. 3. To submit to the CITY for reimbursement, upon completion and acceptance of this project, such detailed invoices for the CITY'S proportionate share of the project costa as detailed herein. 4. To perform necessary liaison and negotiation with utility companies to effect the relocation of all interfering utilities not owned by the CITY. This AGREEMENT shall be binding upon the successors and assigns of the STATE and CITY. for Wi llis ton;So .--BuurlTrigfon ERN 5500- 72-J S -- IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be duly executed on the day and year first written above. WITNESSES APPROVED : Administrator STATE OF VERMONT Agency of Transportation By: Secretary i m"3p 449 I KG- I P:.-. .' . $ I C "3 c;.~.. ;? w&.'-.;.* ,,' . :9 : ,! , b::. . .. $ .z, SPECIAL AGREEMENT RELATIVE TO FINANCE AND MAINTENANCE FOR SOUTH BURLINGTON M 5200 (10) S THIS AOREEMENT, made this day of 1985, by and between the State of Vermont, rep- by its m- , Agency of Transportation, herinafter referred to as the STATE, and the City of South Burlington, by its Selectmen, hereinafter called the CITY. WITNESSETH: 1 WHEREAS, the said STATE has submitted to the Federal Highway Administration, United States Department of Transportation, for approval, an Urban, Federal-aid Project known as South Burlington M 5200 (10) S which will provide for certain improvements to the highways of said CITY, and further described as follows: Located on Shunpike Road, beginning 0.083 mile westerly of the South Burlington/Williston town line and extending westerly approximately 0.136 mile. The project consists of the reconstruction of a highway, including grading drainage, curbing, and pavement. WHEREAS, the CITY desires said improvements of its highways and further desires that the STATE act insofar as necessary for the CIm, to submit to the Federal Highway Administration, for approval, said Federal-Aid project. NOW THEREFORE, in consideration of the above and the mutual covenants and premises hereinafter stated. THE CITY AGREES: I 1. That such work shall be done by contract under the supervision of the STATE or its duly authorized representative. 2. To cooperate with the STATE in carrying out this work. I 3. That any and all signs, street lights and pavement markings shall be installed by the contractor as shown on the plans and maintained in place thereafter by the CITY, at no cost to the STATE, in accordance with the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD). I1 Agreement for South Burlington M 5200 I101 S Page 2 I 4. TO take such steps as may be necessary to accomplish the following work in connection with this project, at no cost to the STATE, except any portions of which are shown on the plans and included in the Contract and to be done by the Contractor: A. To relocate, or cause to be relocated, all existing fire alarm, traffic signal interconnect and police communication circuits as may be necessitated by the construction of the project: B. To cooperate with the STATE and the Utility in the relocation of all interfering utilities not owned by the CITY such as telephone, electric power lines, gas lines, water lines and appurtenances, cable television facilities, etc.; C. To make any required changes in the elevation of manholes and/or catch basins, including any necessary repairs incidental thereto; D. To relocate, if necessary, and also to change to depths required, all water and sanitary sewer pipes, hydrants, drainage aqueducts, manholes, catch basins and other underground structures, including pipes, mains, leads, connections and services as may be ------necessitated by the construction of this project. 5. That said improvement shall be constructed in accordance with the approved plans and specifications as prepared by the Agency of Transportation or its consultant in cooperation with the said Federal Highway Administration, United States Department of Transportation rules and regulations which may now exist or new rules and regulations that the said Federal Highway Administration may promulgate and in accordance with the State of Vermont Department of Highways, "Standard Specifications for Highways and Bridge Construction," dated March 1976, and the Special Provisions included in the Proposal Form and Contract Agreement of this project except as herein provided. 6. That if the construction of this project is suspended for the winter season, it shall maintain the roadways, at no cost to the STATE or the Contractor, in accordance with the provisions of the latest edition of the "Standards Specifications for Highway and Bridge Construction". dated March 1976, until construction operations are resumed in the spring. -- 7. The anticipated funding of eligible project costs for preliminary engineering,' right of way support, and construction will be 75% Federal - 25% City. All other project costs in excess of available Federal funds which have been allocated to the CITY, shall be funded 100% by the CITY. The CITY shall reimburse the State for the CITY'S share of the project costs upon receipt of detailed invoices from the STATE following completion and acceptance of the project. Underruns and/or overruns in item quantities during construction and possible construction "change orders" may increase or decrease quantities affecting the accepted bid. Any non-participating project costs which are to be incurred at the request of the CITY will be paid for by the CITY to the STATE prior to the start of construc- tion. 8. That upon completion and acceptance of the project, the CITY shall maintain said project in a manner satisfactory to the Agency of Transportation, at no cost to the STATE. The CITY shall make ample provisions each year for such maintenance. In this connection, attention is invited to Title 19, Sections 101, 931 and 933, V.S.A. 9. To cooperate with the STATE and/or the STATE'S Contractor in the maintenance of traffic or detours or both during the construction of this project. 10. If, due to the failure of the CIlY to meet its obligations and the project is not constructed, all costs incurred by the STATE in co~ection with this project shall be reimbursed in full to the STATE by the CITY. THE STATE AGREES: 1. To furnish to the CITY such necessary engineering and administrative services which are required to design, prepare contract specifications and bidding documents, advertise for bid, award contracts and inspect the construction of the project. THIS AGREEMENT shall be binding upon the successors and assigns of the STATE and CITY. I ! I I I ~ I I I I I I ! I I I I I I 1: I* .. . . e I@ =-'?Y ,. ,; * &,a..- rz:-. : ~::L= ~f 4rJ k,,, rr'ih- < ."'"> ,.' <-J . .. .. . 3r\m . . .- . . -- 3 . , - -- -- -- - - - - ~ - Agreement for South Burlington M 5200 (10) S Page 4 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be duly executed on the day and year first written above. WITNESSES: STATE OF VERMONT Agency of Transportation Secretary tion I I . -..u.%- i . I I ~ ! I I